102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4441

 

Introduced 1/21/2022, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Illinois Safe Sidewalks and Roadways Act. Makes it unlawful for a person to panhandle after sunset or before sunrise. Makes it unlawful for a person to panhandle when the person solicited is in any of the following places: (1) at any bus stop or train stop; (2) in any public transportation vehicle or facility; (3) in any vehicle on the street; or (4) on private property, unless the panhandler has permission from the owner or occupant. Makes it unlawful for any person to panhandle in any of the following manners: (1) by coming within 3 feet of the person solicited, until that person has indicated that he or she wishes to make a donation; (2) by blocking the path of the person solicited along a sidewalk or street; (3) by following a person who walks away from the panhandler; (4) by using profane or abusive language, either during the solicitation or following a refusal; (5) by panhandling in a group of 2 or more persons; or (6) by any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat. Makes it unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation. Provides that any person who commits a first or second violation of the Act is guilty of a petty offense and shall for a first violation be fined $100 and for a second violation be fined $500. Provides that a third or subsequent violation is a Class C misdemeanor. Defines "panhandle". Contains a severability provision. Effective immediately.


LRB102 21786 RLC 30905 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4441LRB102 21786 RLC 30905 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Safe Sidewalks and Roadways Act.
 
6    Section 5. Findings and policy. The General Assembly
7finds and declares that while panhandling is a
8constitutionally-protected free speech right, aggressive and
9violent actors across the State approaching passersby on the
10sidewalk or standing in hazardous positions on the roadway
11require the need for time, place, and manner restrictions so
12that the citizens of and visitors to this State can freely walk
13on sidewalks and drive on roadways without fearing for their
14safety or the safety of a person blocking a roadway.
 
15    Section 10. Definition. In this Act, "panhandle" means to
16solicit in person a request for an immediate donation of
17money. Purchase of an item for an amount far exceeding its
18value, under circumstances in which a reasonable person would
19understand that the purchase is in substance a donation, is a
20donation for the purpose of this Act. "Panhandle" does not
21include passively standing or sitting with a sign or other
22indication that one is seeking donations, without addressing

 

 

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1any solicitation to any specific person other than in response
2to an inquiry by that person.
 
3    Section 15. Time of panhandling. It is unlawful for any
4person to panhandle after sunset or before sunrise.
 
5    Section 20. Place of panhandling. It is unlawful for any
6person to panhandle when the person solicited is in any of the
7following places:
8    (1) at any bus stop or train stop;
9    (2) in any public transportation vehicle or facility;
10    (3) in any vehicle on the street; or
11    (4) on private property, unless the panhandler has
12permission from the owner or occupant.
 
13    Section 25. Manner of panhandling. It is unlawful for any
14person to panhandle in any of the following manners:
15    (1) by coming within 3 feet of the person solicited, until
16that person has indicated that he or she wishes to make a
17donation;
18    (2) by blocking the path of the person solicited along a
19sidewalk or street;
20    (3) by following a person who walks away from the
21panhandler;
22    (4) by using profane or abusive language, either during
23the solicitation or following a refusal;

 

 

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1    (5) by panhandling in a group of 2 or more persons; or
2    (6) by any statement, gesture, or other communication
3which a reasonable person in the situation of the person
4solicited would perceive to be a threat.
 
5    Section 30. False or misleading solicitation. It is
6unlawful for any person to knowingly make any false or
7misleading representation in the course of soliciting a
8donation. False or misleading representations include, but are
9not limited to, the following:
10    (1) stating that the donation is needed to meet a specific
11need, when the solicitor already has sufficient funds to meet
12that need and does not disclose that fact;
13    (2) stating that the donation is needed to meet a need
14which does not exist;
15    (3) stating that the solicitor is from out of town and
16stranded, when that is not true;
17    (4) wearing a military uniform or other indication of
18military service, when the solicitor is neither a present nor
19former member of the service indicated;
20    (5) wearing or displaying an indication of physical
21disability, when the solicitor does not suffer the disability
22indicated;
23    (6) use of any makeup or device to simulate any deformity;
24or
25    (7) stating that the solicitor is homeless, when he or she

 

 

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1is not homeless.
 
2    Section 35. Penalties. Any person who commits a first or
3second violation of this Act is guilty of a petty offense and
4shall for a first violation be fined $100 and for a second
5violation be fined $500. A third or subsequent violation is a
6Class C misdemeanor.
 
7    Section 97. Severability. The provisions of this Act are
8severable under Section 1.31 of the Statute on Statutes.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.